Sec. 16. (a) A licensee shall have and maintain a current asset to current liability ratio of one to one (1:1) and shall maintain, as evidenced by the financial statement required by section 6 of this chapter, the following minimum positive net worth:
(1) For a grain bank, minimum positive net worth is at least one hundred thousand dollars ($100,000).
(2) For a warehouse, minimum positive net worth is at least equal to the sum of:
(A) one hundred thousand dollars ($100,000); and
(B) ten cents ($0.10) multiplied by the bushel storage capacity of the warehouse.
(3) For a grain buyer, minimum positive net worth is:
(A) one hundred thousand dollars ($100,000); or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the grain buyer during the grain buyer's most recent fiscal year;
whichever is greater.
(4) For a buyer-warehouse that has a bushel storage capacity of less than one million (1,000,000) bushels or purchases less than one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) one hundred fifty thousand dollars ($150,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(5) For a buyer-warehouse that has a bushel storage capacity of at least one million (1,000,000) bushels or purchases at least one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) two hundred thousand dollars ($200,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(b) Except as provided in section 10 of this chapter, if a licensee is required to show additional net worth to comply with this section, the licensee may satisfy the requirement by adding to the amount of the bond, letter of credit, or cash deposit required under section 10 of this chapter an amount equal to the additional net worth required or provide another form of surety as permitted under the rules of the agency.
(c) The director may adopt rules under IC 4-22-2 to provide that a narrative market appraisal that demonstrates assets sufficient to comply with this section may satisfy the minimum positive net worth requirement.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.249, SEC.10; P.L.125-1997, SEC.34; P.L.253-1997(ss), SEC.26; P.L.173-1999, SEC.7; P.L.64-2009, SEC.8; P.L.60-2015, SEC.11.
Structure Indiana Code
Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law
26-3-7-1. Indiana Grain Buyers and Warehouse Licensing Agency; Employees
26-3-7-1.5. Liberal Construction
26-3-7-2.2. Determination of a Single Warehouse
26-3-7-3. Powers and Duties of Director
26-3-7-4. License; Application; Exemptions; Suspension or Revocation; Prohibited Operation
26-3-7-4.1. Renewal Application
26-3-7-5. Inspection and Certification of Scales
26-3-7-6.1. Financial Statement; Fines
26-3-7-6.3. Grain Buyers and Warehouse Licensing Agency License Fee Fund
26-3-7-6.5. Disclosure of Information; Investigations
26-3-7-7. Issuance of License or Permit; False Statements; Applicant's Qualifications
26-3-7-8.5. Licensing Requirements of Successor Owner
26-3-7-9. Bond, Cash Deposit, or Letter of Credit
26-3-7-10. Amount of Bond, Cash Deposit, Letter of Credit, or Other Surety; Deficiencies; Penalties
26-3-7-12. Insurance; Filing of Certificate; Settlement With Depositor in Case of Destruction
26-3-7-13. Additional Bond, Cash Deposit, Letter of Credit, or Insurance
26-3-7-14. Cancellation of Bond or Insurance; Approval; Notice; Suspension of License
26-3-7-16. Maintenance of Minimum Net Worth
26-3-7-16.5. Determination of Shortages; Payment of Claims; Hearings and Procedures
26-3-7-16.8. Liens on Grain Assets
26-3-7-17.1. Possible Violations; Powers of Director; Procedures
26-3-7-17.5. Notice of Suspension or Revocation of License; Notice of Denial of Application
26-3-7-18. Revocation, Expiration, or Suspension of License; Effect Upon Operation
26-3-7-19. Receipt of Grain; Ownership of Deposited Grain
26-3-7-20. Grain Owned by Licensee; Receipts; Transfer
26-3-7-21. Uniform Warehouse Receipts Act; Application to Transactions
26-3-7-22. Commingling of Grain
26-3-7-23. Return of Grain to Depositor
26-3-7-24. Duplicate Receipts; Restriction; Requisites; Bond
26-3-7-26.5. Deferred Pricing Agreement; Conditions; Penalties
26-3-7-28. Records and Accounts; Retention
26-3-7-29. Display of License or Permit; Schedule of Charges; Sign
26-3-7-30. Receipt Forms; Requests; Cost; Requisites for Accountability
26-3-7-31. Grain Shortages; Appointment of Receiver; Notice of Actions and Orders
26-3-7-32. Injunctions; Unlawful Removal of Grain; Temporary Restraining Orders
26-3-7-33. Examination of Warehouse; Fee; Expenses